71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. SB 120
LC 580/SB 120-A4
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 120
By COMMITTEE ON JUDICIARY
May 30
On page 1 of the printed A-engrossed bill, line 9, delete ' 12'
and insert '15'.
In line 15, delete '12' and insert '15'.
After line 17, insert:
' { + SECTION 1a. + } { + Commencement of proceeding. (1)
At any time after the death of a grantor of a nontestamentary
trust described in section 1 (2) of this 2001 Act, a trustee of
the trust may petition the probate court to determine the claims
of creditors of the trust grantor. A petition under this section
must include all of the following information to the extent known
by the trustee:
' (a) The grantor's name, date of birth, date and place of
death and Social Security number.
' (b) The name of the trustee.
' (c) The address at which claims must be presented.
' (d) The name of the trust, if any, and the date of the trust,
including the dates of any amendments.
' (e) The facts establishing venue in the county where the
petition is being filed.
' (2) The clerk of the court shall charge and collect in
advance from the trustee the filing fee required from a plaintiff
under ORS 21.110 (1).
' (3) A proceeding under this section may be brought only:
' (a) In the county where the grantor had domicile or a place
of abode at the time of death;
' (b) In any county where assets of the trust were located at
the time of death or are located at the time the proceeding is
commenced; or
' (c) In the county where the grantor died.
' (4) The court has personal jurisdiction over a trustee that
files a petition under this section, whether the trustee is a
resident or nonresident of this state, for the purposes of any
proceeding relating to the trust that may be instituted by an
interested person. + } ' .
In line 19, after 'after' delete the rest of the line and
insert 'a petition under section 1a of this 2001 Act is entered
in the register of the court'.
In line 20, delete 'section 1 (2) of this 2001 Act' and delete
'may' and insert 'shall'.
In line 21, delete '1 to 12' and insert '3 and 4'.
On page 2, delete lines 2 through 5 and insert:
' { + SECTION 3. + } Publication of notice. After filing a
petition under section 1a of this 2001 Act, a trustee must cause
a notice to claimants to be published once in each of three
consecutive weeks in a newspaper of general circulation published
in the county in which the petition is filed. The notice must
include:'.
In line 9, before 'estate' insert 'trust'.
In line 12, after '(1)' delete the rest of the line and insert
'Within three months after a petition is entered in the register
of the court under section 1a of this 2001 Act, or within such
longer time as the court allows, a trustee'.
In line 13, delete 'claimants under sections 1 to 12 of this
2001 Act'.
In line 16, after the period insert 'The court shall allow the
trustee as much time as requested by the trustee for the purpose
of determining the claims against the trust estate.'.
In line 18, before 'estate' insert 'trust'.
In line 26, delete 'and'.
In line 28, delete the period and insert '; and
' (e) A copy of the grantor's death certificate.'.
In line 30, delete '12' and insert '15'.
In line 37, delete '12' and insert '15'.
In line 43, delete '12' and insert '15'.
On page 3, line 3, before 'estate' insert 'trust'.
In line 8, delete '12' and insert '15'.
In line 15, delete '12' and insert '15'.
In line 37, delete '12' and insert '15'.
In line 39, before 'estate' insert 'trust'.
In line 42, before 'estate' insert 'trust'.
On page 4, line 8, before 'estate' insert 'trust'.
In line 16, delete '12' and insert '15'.
In line 24, delete '12' and insert '15'.
On page 5, after line 10, insert:
' (10) A claimant filing a request for summary determination of
a claim under subsection (4) of this section must pay the filing
fee required of a defendant or respondent under ORS 21.110 (1)
and other fees applicable to civil actions in circuit court.'.
In line 20, delete '12' and insert '15'.
In line 23, delete '12' and insert '15'.
In line 31, delete '12' and insert '15'.
On page 6, line 6, delete '12' and insert '15'.
In line 12, delete '12' and insert '15'.
In line 13, after 'the' insert 'trust'.
After line 19, insert:
' { + SECTION 13. + } { + Petition to close case. (1) Not
earlier than four months after the publication of notice to
claimants, or the date on which all claims against the trust
estate have been resolved, whichever is later, a trustee that has
filed a petition under section 1a of this 2001 Act must file a
petition to close the case with a statement that all claims
received by the trustee have been paid in full or otherwise
resolved in the manner required by sections 1 to 15 of this 2001
Act. The trustee must attach to the petition an affidavit
attesting to compliance with sections 3 and 4 of this 2001 Act.
The trustee must attach to the affidavit a copy of the notice
published under section 3 of this 2001 Act and a copy of any
notice delivered or mailed under section 4 of this 2001 Act. The
affidavit must attest to the date on which each notice was
delivered or mailed, and the name and address of the person to
whom each notice was delivered or mailed.
' (2) Upon the filing of the petition to close the case in
compliance with the provisions of this section, the court shall
enter an order closing the case. + }
' { + SECTION 14. + } { + Dismissal for want of prosecution.
(1) If the trustee does not file a petition to close the case
under section 13 of this 2001 Act within one year after filing a
petition under section 1a of this 2001 Act, the court clerk shall
mail a notice to the trustee, or the attorney for the trustee if
the trustee is represented by counsel, informing the trustee that
a judgment of dismissal will be entered in the case for want of
prosecution unless an application for a continuance is made to
the court and good cause is shown within 60 days after the date
of the notice. Good cause for a continuance includes the
pendency of a separate action under section 9 (4) of this 2001
Act.
' (2) If an application for a continuance is not made under
this section, or the court fails to find good cause for a
continuance, the court shall enter a judgment of dismissal of the
proceeding without prejudice. The dismissal does not bar a
claimant's right to pursue claims against a trustee, and a
claimant shall have the same rights as if the trustee filed no
proceeding. + }
' { + SECTION 15. + } { + Consolidation of proceedings. If
the proceeding to determine claims against a deceased grantor is
pending under sections 1 to 15 of this 2001 Act at the same time
as probate proceedings under ORS chapter 115, upon motion of any
party or upon the court's own motion, any of the courts
conducting proceedings may:
' (1) Order a joint hearing or trial on the common claims;
' (2) Order that the proceedings be consolidated; or
' (3) Make orders concerning the proceedings to avoid
unnecessary costs for delays. + } ' .
In line 20, delete '13' and insert '16' and delete '14 ' and
insert '17'.
In line 21, delete '14' and insert '17'.
In line 22, delete '12' and insert '15'.
In line 23, delete '15' and insert '18' and delete '14 ' and
insert '17' and after 'against' insert 'trust'.
In line 25, delete '16' and insert '19'.
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